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HomeMy WebLinkAbout2022-05-10 - Board of Directors Meeting Minutes (B) 2022-059 MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING Tuesday, May 10, 2022, 6:30 p.m. 1717 E Miraloma Ave, Placentia CA 92870 1. PARTICIPATION INSTRUCTIONS Were included on the agenda. 2. CALL TO ORDER The meeting was called to order at 7:20 p.m. 3. PLEDGE OF ALLEGIANCE President Miller led the pledge. 4. ROLL CALL DIRECTORS PRESENT STAFF PRESENT J. Wayne Miller, PhD, President Doug Davert, Interim General Manager Brooke Jones, Vice President John DeCriscio, Operations Manager Trudi DesRoches Gina Knight, Human Resources and Risk Manager Phil Hawkins Rosanne Weston, Engineering Manager Tom Lindsey Alison Martin, Public Affairs Manager Annie Alexander, Board Secretary ALSO PRESENT Andrew Gagen, General Counsel, Kidman Gagen Law LLP 5. ADDITIONS/DELETIONS TO THE AGENDA None. 6. INTRODUCTIONS AND PRESENTATIONS 6.1. Elected Official Liaison Reports Al Nederhood, in his role as MWDOC Director, commented on an upcoming public hearing during which the California Coastal Commission was to consider Poseidon Water's application for the proposed desalination project in Huntington Beach. Minutes of the YLWD Board of Directors Regular Meeting Held May 10, 2022 at 6:30 p.m. 1 2022-060 6.2. Federal and State Legislative Update Staff referenced the written report included in the agenda packet and briefed the Board on the status of AB 2536. 7. PUBLIC COMMENTS None. 8. CONSENT CALENDAR Director Hawkins requested to remove Item No. 8.9. from the Consent Calendar for separate action. Directors DesRoches and Jones also requested to remove Item Nos. 8.11. and 8.12. Director DesRoches made a motion, seconded by Director Hawkins to approve the Consent Calendar. President Miller opened the floor to public comment on the Consent Calendar for which there was none. Motion carried 5-0-0-0 on a roll call vote. 8.1. Minutes of the Board of Directors Special Meeting Held March 22, 2022 Recommendation: That the Board of Directors approve the minutes as presented. 8.2. Minutes of the Board of Directors Regular Meeting Held March 29, 2022 Recommendation: That the Board of Directors approve the minutes as presented. 8.3. Minutes of the Board of Directors Special and Regular Meetings Held April 12, 2022 Recommendation: That the Board of Directors approve the minutes as presented. 8.4. Payments of Bills, Refunds, and Wire Transfers Recommendation: That the Board of Directors ratify and authorize disbursements in the amount of$2,508,680.09. Minutes of the YLWD Board of Directors Regular Meeting Held May 10, 2022 at 6:30 p.m. 2 2022-061 8.5. Budget to Actual Statements for the Month Ending March 31, 2022 Recommendation: That the Board of Directors receive and file the Budget to Actual Reports for the Month Ending March 31, 2022. 8.6. Cash and Investment Report for the Month Ending March 31, 2022 Recommendation: That the Board of Directors receive and file the Cash and Investment Report for the Period Ending March 31, 2022. 8.7. Unaudited Financial Statements for the Third Quarter of Fiscal Year 2021-22 Recommendation: That the Board of Directors receive and file the Unaudited Financial Statements for the Third Quarter of Fiscal Year 2021- 22. 8.8. Directors' and General Manager Fees and Expenses Report for the Third Quarter of Fiscal Year 2021-22 Recommendation: That the Board of Directors receive and file the Directors' and General Manager Fees and Expenses Report for the Third Quarter of Fiscal Year 2021-22. 8.10. Status of Communications Activities Recommendation: That the Board of Directors receive and file the monthly communications activities report. 8.13. Ratification of Exceptions from Competitive Solicitation Process for Emergency Expenditures to Repair Eastside Circle Waterline Recommendation: That the Board of Directors ratify the Interim General Manager's and Engineering Manager's emergency expenditure to repair the Eastside Circle Waterline. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE ACTION 8.9. Reauthorizing Continuation of Virtual/Teleconference Board Meetings Recommendation: That the Board of Directors reauthorize the continuation of virtual/teleconference meetings pursuant to AB 361 for an additional 30 days based on the findings that (1) the Board has reconsidered the circumstances of the state of emergency for COVID-19, and that (2) state and local officials continue to impose or recommend measures to promote social distancing. Minutes of the YLWD Board of Directors Regular Meeting Held May 10,2022 at 6:30 p.m. 3 2022-062 8.11. Claim for Damages Filed by Gerardo Preciado Recommendation: That the Board of Directors reject and deny the claim filed by Gerardo Preciado. 8.12. Claim for Damages Filed by Southern California Edison Recommendation: That the Board of Directors reject and deny the claim filed by Southern California Edison. Staff responded to questions from the Board regarding any specified timeline for Governor Newsom to lift the COVID-19 state of emergency and the possibility of the Ralph M. Brown Act being amended to allow for virtual meetings on a permanent basis. Staff also reviewed the process for handling claims made against District contractors. Director Hawkins made a motion, seconded by Director Jones, to approve Item Nos. 8.9., 8.11., and 8.12. Motion carried 5-0-0-0 on a roll call vote. 9. ACTION CALENDAR 9.1. Transmittal of Election Information to OC Registrar of Voters President Miller opened the floor to public comment regarding this item for which there was none. Staff reviewed options available for the Board's consideration related to the number of words in a candidate's statement and responsibility for payment of same. Director Hawkins made a motion, seconded by Director DesRoches, to authorize the Board Secretary to submit the Transmittal of Election Information to the Orange County Registrar of Voters, indicating that a Candidate's Statement of Qualifications is to contain no more than 400 words and will not be paid for by the District. Motion carried 5-0-0-0 on a roll call vote. 10. DISCUSSION ITEMS 10.1. State Water Resources Control Board's (SWRCB) Proposed Water Conservation Emergency Regulations President Miller opened the floor to public comment regarding this item for which there was none. Minutes of the YLWD Board of Directors Regular Meeting Held May 10,2022 at 6:30 p.m. 4 2022-063 General Counsel Gagen provided an overview of the relationship between the District's Water Shortage Contingency Plan (Plan) and a Water Shortage Contingency Response Ordinance (Ordinance). He noted that the District's Ordinance, which was originally adopted in 2009, was repealed in August 2021 due to a conflict with the recently updated Plan with the intention of adopting a replacement Ordinance at some point in the future. Since that time, Governor Newsom issued an executive order requiring all urban water suppliers to implement, at a minimum, the response actions identified in their Plans for a water shortage level of up to 20% (Level 2) by a date to be set by the SWRCB estimated to be June 10, 2022. Mr. Gagen explained that the matter of drafting a replacement Ordinance was being presented to the Board at this time in preparation for the potential adoption of the SWRCB's proposed emergency regulations. Mr. Gagen noted that MWDOC's consultant Arcadis, who assisted in the development of some member agencies' Plans, had also prepared a model Ordinance. Some local water agencies have already adopted an Ordinance based on this template that include penalties for violation. Mr. Gagen further explained that incorporating penalties for violations in the District's Ordinance was solely at the Board's discretion as there was no statutory requirement to include them. He then reviewed the monetary fines identified in the model Ordinance and those that had been adopted by other local water agencies. Mr. Gagen stated that after receiving feedback from the Board during this meeting, a replacement Ordinance would be drafted for the Board's consideration at a future meeting. Discussion followed regarding customer responsiveness during previous droughts, non-monetary penalties for violation, the recent formation of a drought stress test coalition, which water shortage level and number of violations issued before the potential assessment of monetary fines, and community outreach actions and coordination with City agencies. John Koeller, resident, commented on the results of a study indicating that restricting residents' outdoor watering to specific days did not result in significant conservation. Staff will work with General Counsel to prepare a draft Ordinance for review by the Board at the next regular meeting. 11. REPORTS. INFORMATION ITEMS, AND COMMENTS 11.1 Director's Reports A list of meetings and events attended was included in the agenda packet. Minutes of the YLWD Board of Directors Regular Meeting Held May 10,2022 at 6:30 p.m. 5 2022-064 Vice President Jones reported on topics presented during the spring ACWA conference. Director Lindsey reported on his attendance at the last OCSan Board meeting and the increased cost for treatment chemicals. President Miller and Director DesRoches reported on their attendance at recent YL City Council meetings. Director Lindsey also commented on the District's support for the Love Yorba Linda and Love Placentia combined event. 11.2. Assistant General Manager/ Interim General Manager's Report Interim General Manager Davert referenced his written report included in the agenda packet and highlighted the upcoming dedication ceremony for the PFAS Water Treatment Plant. He also reported on staff efforts to identify additional grant opportunities. 11.3. General Counsel's Report None. 11.4. Future Agenda Items and Staff Tasks None. 12. COMMITTEE REPORTS 12.1. Interagency Committee with MWDOC and OCWD (Miller/ DesRoches) - Next meeting will be scheduled when needed. 12.2. Joint Agency Committee with City of Yorba Linda (Miller / Lindsey) — Minutes of the meeting held Monday, April 25, 2022, at 5:30 p.m. will be presented when available. Next meeting is yet to be scheduled. Director Lindsey thanked staff for their efforts in supporting the MOU with the City of Yorba Linda. Interim General Manager Davert noted that development of a similar MOU with the City of Placentia was in progress. 12.3. Joint Agency Committee with City of Placentia (Jones / Lindsey) - Next meeting will be scheduled when needed. 13. BOARD OF DIRECTORS ACTIVITY CALENDAR 13.1. Meetings from May 11 — June 30, 2022 14. ADJOURNMENT 14.1. Director Hawkins made a motion, seconded by Director Lindsey, to adjourn the meeting at 8:23 p.m. Motion passed 5-0-0-0 on a roll call vote. Annie Alexander Board Secretary Minutes of the YLWD Board of Directors Regular Meeting Held May 10,2022 at 6:30 p.m. 6